Biological Control Act 1985 (NSW)

Biological Control Act 1985 No 199

An Act to make provision for the biological control of pests in New South Wales, and for related purposes. WHEREAS: (1) It is generally acknowledged that in the interests of the Australian economy and for the general protection of the Australian environment it is necessary to implement a Scheme for biological control of pests in the States and Territories of Australia— (2) The implementation of such a Scheme requires uniform legislation throughout Australia and for that legislation to be administered on a uniform basis— (3) The Commonwealth, the other States and the Northern Territory have enacted, or are taking action to provide for the introduction of, the necessary legislation— BE it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows—

Part 1 Preliminary

1 Name of Act This Act may be cited as the Biological Control Act 1985.

2 Commencement (1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

3 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— agent application means an application under section 20. agent organisms means organisms in respect of which there is in force a declaration by the Authority, under section 27, 28, 29 or 32, that the organisms are agent organisms for the purposes of this Act. agent recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act. Australia includes the external Territories (if any) in respect of which a declaration under section 4 (1) of the Commonwealth Act is in force. Authority means the New South Wales Biological Control Authority established by section 8. Commonwealth Act means the Biological Control Act 1984 of the Commonwealth. control, in relation to organisms, includes— (a) reduce the number of those organisms, (b) prevent an increase in the number of those organisms, (c) reduce the activity or appetite of some or all of those organisms, and (d) modify the behaviour or characteristics of some or all of those organisms. Council means the Agriculture Ministers' Forum or, if that body ceases to exist— (a) any body that replaces that body and has as its members Ministers of Australian (or Australian and New Zealand) jurisdictions with portfolio responsibility for primary industries, or (b) if the Minister, by order published in the Gazette, prescribes a body that has as its members Ministers of Australian (or Australian and New Zealand) jurisdictions with portfolio responsibility for primary industries—that prescribed body. Department means Regional NSW. kind, in relation to organisms, means species, sub-species or variety. organism means— (a) an organism (whether alive or dead and whether or not indigenous to Australia) other than a human, or (b) a virus or a sub-viral agent (whether alive or dead and whether or not indigenous to Australia), or (c) a part of, or matter discharged from, an organism within the meaning of paragraph (a) or (b). organization includes— (a) a body corporate, (b) an association or other body of persons, and (c) an association that consists of 2 or more organizations referred to in paragraphs (a) and (b). person includes an organization. prescribed organisms means organisms that are— (a) live organisms, or (b) viruses or sub-viral agents, other than live vaccines or resistant cultivars. relevant law means a law declared by the Authority under section 5 to be a relevant law for the purposes of this Act. State includes the Northern Territory. target application means an application under section 11. target organisms means organisms in respect of which there is in force a declaration by the Authority, under section 18, 28, 29 or 32, that the organisms are target organisms for the purposes of this Act. target recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be target organisms for the purposes of this Act. Territory does not include the Northern Territory. (2) For the purposes of this Act, organisms of a particular kind shall be taken to cause harm if the control of those organisms would be for the public benefit. (3) For the purposes of this Act, organisms of a particular kind shall be taken to cause harm in the State if they cause harm in a part or parts only of the State. (4) For the purposes of this Act— (a) a recommendation or decision of, or an approval by, the Council has effect whether or not it was made or given while the Council was in session, (b) a recommendation of the Council shall be taken to be unanimous if, and only if, the recommendation is a recommendation of all the members of the Council, (c) an approval by the Council shall be taken to be unanimous if, and only if, the approval is an approval by all the members of the Council, and (d) where a person is authorised to act as a member of the Council in place of another person, then, while the firstmentioned person is so acting, the firstmentioned person is to be taken to be a member of the Council and the other person is not to be taken to be a member of the Council. (5) A reference in this Act to a recommendation by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act includes a reference to a recommendation that organisms of a particular kind should be so declared if organisms to which a target recommendation applies are declared to be target organisms for the purposes of this Act. (6) In this Act, a reference to— (a) a function includes a reference to a power, authority and duty, and (b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.